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Filing a Personal Injury Claim for Assault and Battery

Because assault and battery usually results in criminal charges, most people do not realize victims can also file a personal injury claim against their assailants.

If you have been the victim of domestic violence or other attack, you may be able to seek monetary compensation for your damages.

What is assault and battery?

  • Assault is defined as an intentional act that causes a reasonable apprehension of imminent and harmful contact. This means that even an empty threat can be considered assault if the victim can prove he or she felt in danger.
  • Battery is reserved for when an act is performed with the intention of harming another. Like assault, the victim does not have to be injured in order for battery to take place, but an intentional act of aggression must occur.

Some of the most common types of assault and battery cases include the following:

  • Fights
  • Domestic violence
  • Sporting event incidents
  • Violent robberies
  • Police brutality
  • Sexual assaults

If you have been the victim of a violent attack that resulted in injury, the first thing you should always do is call the police and tell them what happened. Do not be afraid to give a statement so that your version of the story is reported. Afterward, even if you think your injuries are minor, it doesn’t hurt to get checked out and cleared by a healthcare provider. Finally, contact a personal injury attorney for a consultation. This is conduct for which there is often a civil remedy; that is, a tort or personal injury case.

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